Arizona Water Co. v. Arizona Department of Water Resources

OPINION

HURWITZ, Justice.

¶ 1 The issue in this case is whether the 1990-2000 management plan adopted by the Arizona Department of Water Resources (“ADWR” or the “Department”) for the Phoenix active management area violated the Arizona Groundwater Code (the “Code”). We conclude that ADWR was statutorily authorized to promulgate those portions of the management plan in which per capita conservation requirements were directly imposed on water providers, but was not mandated by the Code to impose conservation requirements directly on all “end users.” We also conclude ADWR may consider a provider’s…